By Elysia Prendergast-Jones

Join the Pro Bono team in some fun activities this bar year. Jay Jerkins and I, co-chairs of the Pro Bono section, want to welcome you to a new bar year with new opportunities for pro bono work.

Why is pro bono important? The NC State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should

“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means;

(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or

(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and
educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would otherwise be inappropriate; Read more

By Susan Simos

It’s that time of year again, time for foliage, football, tailgating, and of course, the Family Law Fall Program. This year’s program will take place in Winston-Salem, home of the Wake Forest Demon Deacons, Reynolds America, Krispy Kreme, and Texas Pete. Winston-Salem is also a great place to find fantastic restaurants, unique bars, historic sites and local art, all within walking distance of our host hotel. As a resident of Winston-Salem for 17 years (when did that happen), I write to personally invite you to join us on September 12, 2025, to explore the city, to engage in interesting and insightful CLE topics, and to network and catch up with new and old friends.

We all know the practice of family law can be daunting. I often find myself describing days in court, mediations, or depositions as a slog: fraught with disgruntled parties, contentious opposing counsel, and too much information to be addressed in too little time. And while a positive outcome or a satisfied client certainly goes a long way toward making it all worthwhile, I find the things that keep me engaged are the friendships and camaraderie I have built along the way. I am grateful for the groups of colleagues both close by and across the state who can relate, who can share war stories, who provide insight and suggestions, and who understand the unique challenges of this work. Those relationships, for me, have been forged at annual meetings, fall programs, and intensive seminars. And those relationships – fashioned from that time spent outside of cases and courtrooms with colleagues – make the difficult and adversarial work we do that much more palatable. For those reasons, I encourage you and your colleagues to attend the Family Law Fall Program, in person, in Winston-Salem.

Read more

By Olivia Lane

When you are just beginning in your legal career, drafting a prenuptial agreement for a client may seem like a relatively easy task. Your firm may already have templates or drafts with boilerplate language to pull from, and your client may be happy with a cut-and-paste job. Clients usually do not understand the nuances within contract law, and therefore may not be aware that not all prenups are enforceable. The strength of a prenup is only tested when one party seeks to enforce the agreement. Even a facially valid prenup can be attacked on the basis of enforceability. This article will discuss several common defenses to enforceability, and how to draft a prenuptial agreement that not only contemplates these defenses but protects against them.

North Carolina Law makes it relatively easy for couples to enter into a prenuptial agreement. Almost no formalities are required. In fact, a prenuptial agreement does not require consideration to be binding.[1] North Carolina requires only that the prenup be in writing and signed by both parties,[2] and that both parties possess the capacity to enter a contract[3] and are the age of majority.[4]

While it may seem easy to draft a prenup, not all premarital agreements are created equally. Drafting a watertight prenup first requires knowing where to look for leaks. A solid understanding of common defenses against enforceability will aid in drafting a prenup that will hold up, even when challenged. This article addresses four major ways to attack the enforceability of a prenup: 1) the agreement was not entered voluntarily; 2) the agreement is unconscionable; 3) the agreement violates public Policy; and 4) inadequate financial disclosures.

Read more

By Elysia Prendergast-Jones and Jay Jerkins

Jay Jerkins and I, co-chairs of the Pro Bono section, want to welcome you to a new bar year with new opportunities for pro bono work. Why is pro bono important? The North Carolina State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should

“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means;

(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or

(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;

(b) provide any additional services through:

(1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or

(2) participation in activities for improving the law, the legal system or the legal profession.

Read more